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3. Fees


3.1 What are the fees for a registered Community design?

3.2 When do I have to pay the fees for application?

3.3 How do I pay the fees for application?

3.4 In which currency should I pay the fees?


3.1. What are the fees for a registered Community design?

Please consult the fees regulation in "Legal Aspects" or click on the following link: Commission Regulation (EC) nº 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs (CDFR). The amounts of the fees can be found in the Annex to this Regulation.

There are three types of fees related to an application for an RCD: registration, publication and deferment fees.

The amount of fees to be paid depends on two factors:

  • whether the application contains one or more designs,
  • whether the publication of designs will be deferred or not.

The fee structure for designs is as follows:

  • a basic fee for a single design or the first design of a multiple application,
  • a reduced fee for the 2nd to 10th design,
  • a further reduced fee per design from the 11th design onwards.

In the case of a single application (one design) where no request for deferment is made, the applicant will need to pay a registration fee of €230 and a publication fee of €120, which totals €350. If deferment is requested, the applicant will pay the deferment fee of €40 upon filing the application. By the end of the period of deferment, the publication fee will need to be paid.

In the case of a multiple application, the applicant will always pay a full basic registration fee and publication fee for the first design which he wishes to be immediately published. If deferment is requested, the applicant will always pay a full basic registration fee and the fee for deferment of publication for the first design for which he wishes to defer publication. In this case, the publication fee will need to be paid at the end of the period of deferment.

For example, registering 11 designs without requesting deferment costs €2 005 in fee payments corresponding to:

  • one registration fee for the 1 st design (€230)
  • nine additional registration fees of €115 for the 2 nd to 10 th designs
  •   one additional registration fee of €50 for the 11 th design
  •   one publication fee for the 1 st design (€120)
  •   nine additional publication fees of €60 for the 2 nd to 10 th designs
  •   one additional publication fee of €30 for the 11 th design.

Should the applicant request deferment, the publication fee is replaced by the deferment fee. The amounts of deferment fees are:

  •   one deferment fee of €40
  •   an additional deferment fee of €20 for the 2 nd to 10 th design
  •   an additional deferment fee of €10 for each design from the 11 th onwards.

Please note that there is a Fee Calculator on the website.

When the time comes to renew the registration of a design, the holder will have to pay a renewal fee for each registered design, regardless of whether or not it was sent in a multiple application. The amount of the renewal fee depends on the period for which is renewed:

  • €90 for the first 5 year renewal
  • €120 for the second 5 year renewal
  • €150 for the third 5 year renewal
  • €180 for the fourth and last 5 year renewal


3.2. When do I have to pay the fees for application?

The registration fee and publication fee must be paid at the same time, together with the filing of the application. Where the application includes a request for deferment, the deferment fee will replace the publication fee. At the end of the deferment period or earlier on if publication is requested at an earlier date by the holder, the publication fee must be paid for the design, or for those designs in a multiple application which the holder wishes to be published.

OHIM will not issue a request for payment. If a confirmation receipt of payment is required, a request must be sent by fax for the attention of the Finance Department (+34 96 513 1344).

Unlike CTMs,

  • no one-month period is provided for in the CDR to pay such fees
  • the payment of the fees is not a condition for obtaining a filing date.

Where the payment of fees has reached the OHIM at the time of the examination of the application, the payment will be deemed to have been made in due time.

Where the examiner notes that the fees payable together with the application (i.e. the registration fee, the publication fee or, in case of a request for deferment, the deferment fee, plus any additional registration, publication or deferment fees in the case of a multiple application) have not yet arrived at the OHIM, he/she will invite the applicant to pay these fees within two months, together with the fees for late payment. If full payment, including, where applicable, fees for late payment, has not been made within the time limit specified by the examiner, the application will be rejected.

As regards multiple applications, the examiner rejects the application only as regards the additional designs which are not covered by the amount paid. Unless the applicant has made it clear which of the designs are to be disregarded, the examiner will take the designs in their numerical order.

Fees will not be refunded if a filing date has been granted, except where the amount of fees paid by the applicant is insufficient to cover the fees relating to registration and publication (or deferment as the case may be) for the design, or for at least one design of a multiple application.



3.3. How do I pay the fees for application?

You can pay RCD fees by bank transfers or current accounts. In addition, the option of payment by credit card is available for those applying online (see our ePayment help files for further details). OHIM provides an online service to account holders to access their current account information. If you wish to sign up for this service, please send a letter/fax to that effect to OHIM’s Finance Department.

Bank Banco Bilbao Vizcaya Argentaria La Caixa
Address Rambla Mendez Nuñez, 42
– 1ª planta
E-03002 Alicante
SPAIN
Calle Capitán Segarra,6,
E-03004 Alicante
SPAIN
Account number 0182-5596-90-0092222222 2100-2353-01-0700000888
BIC code * BBVAESMMXXX CAIXESBBXXX
IBAN ES88 0182 5596 9000 9222 2222 ES03 2100 2353 0107 0000 0888
Bank charges ** >OUR >OUR

* Some computer programmes do not accept the last three digits XXX of the BIC code. Should this be the case, users must indicate BBVAESMM or CAIXESBB.

** It is important to make the transfer indicating OUR as the method of payment for the bank charges in order to allow full reception of the amount . However, if you are making a SEPA payment, then the default SEPA specification “SHR” is required. SEPA is a new common European payments system, utilised by most banks in all 27 EU Member States and 4 additional European countries

 

3.4 In which currency should I pay the fees?

 

Fee payment must be made in EUR, all bank charges are to be met by the applicant unless the SEPA payment system is being used.